new this morning, berkeley police figuring out who is forcing berkeley students to take money out of atms. now they need your help finding him. and the hearing involving suspended san francisco sheriff ross mirkarimi could end up taking mayor ed lee down as well. the new details next. >> reporter: permission to take your hands off the wheel while driving down the road. i'm bob redell with the bill the governor will be signing here in the bay area. that story coming up. right now in the early morning hours we take you out for a look over san jose. the sun has not yet come up. christina loren telling us a very warm week ahead. it is tuesday, september 25th. this is "today in the bay."

it is 4:30, almost 4:31. i'm jon kelley. good morning, everyone. >> this morning is just flying by. good morning, i'm laura garcia-cannon. let's check the forecast with christina loren. good morning. >> good morning to you. it's crisp out there to start. what i can tell you is that heat wave we've been talking about looking a little bit more substantial as i check the models this morning, so we could be talking triple-digit heat by this weekend. for today what you need to know, we're starting out crisp in the 50s, widespread 50s in the south bay, some 40s up in the north bay headed towards the upper 80s. then it gets hot. let's check your drive with mike. >> look over my shoulder. here are these glowing lights. yeah, this is the golden gate bridge, but clearly some low clouds, actually fog is touching the bridge right at the span so keep that in mind. looking further north there is one incident eastbound 80 right around highway 113 heading over toward davis. that's the very edge of our

sensors and that was a fast move around the north bay. your commute directions are moving smoothly, it's very light. just more construction on the blotter but we'll keep our eyes out. there is community outrage after a new criminal investigation is revealed concerning the shchevron refine in richmond. neighbors shouted down a chevron official and panel of experts. this was scheduled to be an update on the august 6th fire but residents were also angry about reports interest a federal probe about whether chevron was trying to deceive officials about unmonitored releases of gases between 2005 and 2009. >> the amount was so small that even if it were metered, a report would not be required and it presented no public health risk. >> two years ago the bay area air quality management district fined chevron $170,000 after

discovering the company bypassed air monitors 27 times. uc berkeley police are asking for your help in catching a man wanted in a pair of robberies. take a look at this suspect photo. cody allen smith pretended to sell magazines to two different women just hours apart on september 10th. he allegedly threatened both women with violence if they didn't withdraw cash from an atm inside the golden bear cafe on campus. police say kody alan smith is 24 years old, 5'11", weighing 135 pounds. he has blue eyes and short hair. investigators say he has two accomplices. meantime, oakland police say they have a second man in custody in connection with a deadly restaurant shooting near jack london square. officers arresting lamar fox earlier this month. they say fox and clem tompkins fired assault rifles into sweet

jimmy's restaurant back in 2011. two men died during those shootings. parents at one san mateo elementary school are still a little uneasy this morning after sap mateo police say 25-year-old bradley morzak abducted a 9-year-old student from parkside and assaulted her. the fourth grader escaped by kicking him and running back to school. police arrested him late last friday night actually after learning he was a potential suspect in two incidents at other san mateo schools. the parents are praising the young girl's actions. >> she did the right thing. she did what she had to do. obviously it worked. her parents and whoever taught her to do this, did the right thing. >> the teachers at parkside elementary spent part of their students stranger danger awareness, making sure they know what to do if a stranger approaches them. the east bay private i will

learn his fate today. christopher butler will be sentenced this afternoon. he pleaded guilty to seven flny charges, including drug possession. he admitted to robbing prostitutes and setting up a massage parlor in pleasant hill that provided sexual services. a co-defendant, former san ramon police officer, louie lombardi was sentenced to three years in prison for his role in this scheme. police are still trying to identify the man struck by three cars on interstate 680 to pleasanton. it's an update to breaking news yesterday morning. it happened about 3:30 in the morning at southbound 680 at stoneridge drive. the man was hit by three cars and was dead when officers arrived. police are trying to figure out why the man was on the highway in the first place. the incident shut down all southbound lanes for nearly two hours. san francisco's board of supervisors deciding when to hear the official misconduct

charges against suspended sheriff ross mirkarimi. the board is considering a special meeting to hear the charges on october 9th. mirkarimi was suspended after a domestic violence incident leaving his wife with a bruised arm. he will be removed from officers if nine of 11 supervisors vote against him. mayor ed lee filed the charges against mirkarimi but the board hearing could put him in that hot seat. the "san francisco examiner" reporting some current and former officials claim the mayor per injured himself to the testified back in june. they subpoenaed four officials including the former board president. he said a member of lee's staff approached him and asked if mirkarimi would be willing to step down as sheriff and then take another job. mirkarimi did agree if he was named undersheriff.

peskin says lee refused. self-driving cars could soon find their way to bay area streets. >> governor jerry brown all set to sign a new law which creates new rules for autonomous vehicles. >> bob redell is live in mountain view with more details on the new car law. good morning, bob. >> reporter: good morning to you, laura and jon. here outside google headquarters, which has pioneered the early stages of autonomous cars and later this afternoon the governor will be here to sign the bill, which is officially known as sb-1298, better known formerly as the robot car bill. it would allow companies like google to test self-driven cars on the road as long as a human is in the driver's seat monitoring the car's operation. the bill would require the dmv to come up with rules governing these cars. google has been testing the cars for years now but it needed

special permission from local authorities to do so. starting next year, no permission necessary with the signing of this bill. this bill is not without its critics. there are privacy concerns because in the future autonomous cars would have to share data with other autonomous cars to avoid collisions on the road. we're talking about gps and sensor information that would be collected and disseminated from a central location, basically tracking your movement and location. an amendment requires that car makers tell drivers how it shares that kind of information but there's a group called consumer watchdog that thinks that amendment falls short. concerned about whether or not that info could be hacked and whether or not that info could only be used in autonomous modes are some of the concerns. again, the governor will be here around 1:00 for that signing here at google headquarters in mountain view. bob redell, "today in the bay." time to check in with

meteorologist christina loren for a look at our forecast. it was pretty foggy on my drive in. >> the marine layer is being forced to the surface. we have some drizzle out there and especially if you're coming up over some of the local hills and mountains. the higher you live, the more likely you are to see that fog this morning. temperatures are crisp to start, we're at 53 degrees this morning right now in san jose. look at this, this tells the story. we'll see that fog increase just a touch as we head throughout the morning hours. by 10:00, yeah, same as yesterday, completely clear conditions but it's going to be a little warmer this afternoon. high pressure is strong and it's going to bring our temperatures up to the century mark as we head through the weekend in some cities. i'm going 97 degrees in liver on saturday. you can imagine temperatures will increase before we hit that high. 79 in redwood city, 79 in los gatos and 81 in san jose.

we peak as we head through the weekend. we'll show you how that looks on the seven-day forecast. first, i want to take a look at your morning drive. some problems yesterday. anything happening today, mike? >> compared to yesterday, it's clear as a bell. over here in oakland on 880, we do have nice traffic. north with the taillights, south with the headlights just north of the coliseum. reports of a traffic hazard on the northbound side but with a scan of the camera, we don't see any slowing or anything visible on the roadway. we look at the maps and there's a smooth drive. there may have been a traffic break just before i started looking with the camera. a smooth drive in your commute direction for 880 as well as 580. 880 right around 980 as well as 980 around the 580 interchange and highway 24 coming out of the orinda side of the caldecott tunnel but no major surprises heading toward the toll plaza. this is looking north at those

taillights away from us past willow and up into menlo park. smooth, easy drive for 101. back to you. this is interesting, a big announcement from the bay area' tesla. check this out. the electric car company has unveiled a solar-powered charging station. yeah, they're charged superchargers. they're going to make refueling electric vehicles about as fast as stopping for gas and a bathroom break in a conventional stop. there are six stations. tesla's ceo says the new stations will change the way people view electric cars. >> because people have this idea if you have an electric car, you're sort of -- there's no freedom. you're stuck. this idea that you can't go anywhere. what we're showing here today is that in fact you have more freedom than with anything. >> he says tesla plans to have

more stations running throughout california and parts of nevada and oregon by the end of the year and the entire united states by the end of 2014. >> very cool. >> modern age. >> you know you're pretty powerful when you can get up and rock a t-shirt at the conference. the president getting ready to address the united nations general assembly. and an update on the condition of darrius heyward-bey.

4:45 tuesday morning. the chinese factory that makes iphones is back open this morning after a riot forced it to close. the factory is surrounded by police today and some of the gates remain flat on the ground. also smashed windows. a riot involving 2,000 workers broke out yesterday. 40 people were injured. foxcon says the unrest is under investigation. >> the company that makes the iphone's apple saw stock take a dip apparently because investors were not impressed by the massive sale numbers for the iphone 5. for a look at how the stock is trading this morning, we turn things other to bertha couples

w who is live at cnbc headquarters. >> reporter: we've got the futures flat, slightly positive. stocks were lower in asia and continuing worries about the slowing economy. european stocks are steady this morning. investors are likely to be on the sidelines for a while. we've got key fooechbevents for and greece. on wall street we'll get a key reading on housing, the home price index. we'll also get a read on consumer confidence data and we're going to watch to see if the dow can come off another losing monday. for some reason the dow just seems to be down on mondays. we were off 17 points on the dow yesterday to 13,579. the nasdaq rose 4 to 3179. the nasdaq rose in spite of the fact that we had a disappointing news out of apple. apple announcing on monday that the iphone 5 sold out, more than

five million phones picked up during the first three days of the sale. but those weekend numbers compared to about four million of the iphone 4s last year and that's well below what a lot of analysts were looking for. some of them were expecting somewhere between six or eight million of the device. apple shares were down 1% yesterday after the company's announcement. part of the problem appears to be constraints. the other problem is a lot of preorders have not been tallied as sales. i can tell you for one i still do not have a tracking number on my preorder and i ordered it back on september 15th. there may be a lot of lagging sales coming in yet. >> yeah, true, true. hang in there, bertha. >> my carrier, you know who you are. >> okay, bertha. let us know when you get them. we'll look forward to it. see you later. you may be thinking about breakfast this morning and you know there's a popular pigout food that might be hard tore

find. an overseas industry group for pig farmers says there will be a pork and bacon shortage next year. they blame drought conditions which damaged corn and soybean crops. farmers are finding it too expensive to feed those animals and have been forced to reduce the size of the herd. there has been an increase in supply but it's more expensive. >> i got a text from brent last night to start hoarding bacon and i'm like what are you talking about? >> you might be making bacon right now. enjoy that, you got it at a good price. temperatures are looking good, everyone getting paid in sunshine this week. first weekend in fall could go down as one of the hottest stretches of weather that we've had this year, so that's how things work around here. one thing that we are seeing because of that strong ridge of high pressure, it's pushing that marine layer right to the surface so you will probably lose the ability on your drive

if you're waking up right at the coast in particular. you can see on the golden gate bridge starting to drop off. we'll continue to check that for you. what i can tell you is that marine layer that has formed is very thin. it's maybe 1,000, 1500 feet so it will burn off quickly this afternoon. high pressure is firmly in control and this guy is going to strengthen and move further inland the next few days and that means gradually warmer weather each and every day all the way through saturday when we will peak close to the triple digits in the warmest cities across the bay. i do believe we'll see a couple of triple digits in places like gilroy. even warmer for tomorrow. 79 in redwood city. not too bad if you live along the peninsula. it's out here where it gets hot. 89 in livermore, 83 in santa teresa and 85 degrees in gilroy, but this is not even as close to as hot as we are headed. thursday 94 degrees, up to 95 on friday. saturday 97 degrees. what's interesting is we'll see

an offshore flow set up so that means we'll hit 80 degrees in some of your beach cities like santa cruz on saturday. might be the last chance to get that tan on. i know i need to work on that. back to you guys. >> all right, thank you very much. 4:50 right now. president obama is in new york today. he'll be addressing the united nations general assembly. his last big international speech before the november election. tracie potts has the latest on today's speech. >> well, you know, first things first here. we do have an election ahead. i've got -- there are all kinds of things i want to do in a second term. >> reporter: president obama on "the view" before speaking to the united nations general assembly today. aides say he'll focus on the recent unrest in the middle east and deaths of ambassador chris stevens and three other americans in libya. mitt romney is criticizing for calling these events bumps in the road. >> these are not bumps in the road, these are human lives. these are developments we do not

want to see. >> considering those events as bumps in the road shows a person who has a very different perspective about world affairs than the perspective i have. >> reporter: today's speech will be the president's first international address since violence erupted across the muslim world. in bilateral meetings monday egypt's president told secretary of state clinton security of the u.s. embassy there is their duty of the also today president obama is expected to emphasize the u.s. must keep nuclear weapons away from iran. iran's president already making waves in new york, despite warnings from the u.n. he declared israel will be eliminated. tracie potts, nbc news, washington. good news, raiders wide receiver darrius heyward-bey looks like he's going to be okay. he was released from eden medical center yesterday and he's resting at home with a concsion and a neck strain. the raiders say he is expected to make a full recovery.

he was injured on a helmet-to-helmet hit during sunday's game against the steelers. he was carted off the field on a stretcher but managed to offer a thumbs up as he went. >> everybody breathing a sigh of relief. great news there. 4:52 right now. coming up, the bay area teenager beating the odds and getting some national recognition for all of his courage. and you're looking at the san mateo bridge. peninsula side where we can view those flashing lights. i'll explain what's going on for highway 92.

at just 13 years old a san francisco boy is now serving as an inspiration of beating the odds, not just his peers but everybody, including his mom who happens to be the city's fire chief. shaun white was awarded a medal of courage by general colin powell. at just two weeks old doctors diagnosed him with a rare congenital heart disease that makes it very difficult for blood to circulate in and out of the left side of his heart. he's undergone three surgeries,ing through two open-heart operations. up until a couple of years ago he was having major problems with just breathing and was forced to stay in a hospital at least once a year. >> it's kind of hard because i never really -- like i didn't want to be in the hospital and i never really knew when i was going to get to come back home. >> shawn is feeling and looking

good. he plays baseball and soccer, and his dream is to join his favorite sports team, that being the san francisco giants. he also hopes to touch other kids' lives, especially those who are struggling with his kind of story of survival. great, great story. wow. what a warrior. >> good luck to him. yeah, no kidding. we want to check the morning commute right now with mike. it's early. how are we looking? >> we're all right. over the san mateo bridge i showed you an earlier shot. right there in the middle of your screen a flashing arrow pointing over to the right as you're traveling eastbound. the taillights away from us heading toward the hayward side. one lane is blocked by construction crews. over off in the distance you can see it well in the distance. there's one lane blocked with no major slowing here as well as on the dumbarton bridge. we'll show you other bridges on the bay area are moving smoothly. 101 moves nicely through san jose with a light volume of

traffic. in the north bay, your southbound commute. here are the curves at terra linda, an easy flow. everybody flows in toward the bay about this time of the morning. send it to you. >> thanks so much. 4:57 right now. still ahead, this was kind of like a movie of the week plot. call is a poison plot. the bay area plan accused of trying to slowly poison his girlfriend. heads to court. we'll have details on how his scheme was uncovered. for all your news, weather and traffic updates check us out on facebook. join the conversation.

a morning commute in which your car does the driving for you. i'm bob redell with an explanation coming up. and how small is too small? san francisco's board of supervisors today considering allowing apartments that are much lessha